In Virginia, the standard of care in a medical malpractice lawsuit is the minimum level that a health care provider, whether it’s a nurse, a hospital, a doctor, or a surgeon, has to meet. Most of the time, it requires another expert to come in and explain to the judge or jury what that standard should be. As medical malpractice lawyers who have been fighting for injured clients for 40 years, we have experts that we work with who will bring in and review the records and tell us whether or not that standard has been met.
If you’ve suffered an injury or illness because of medical negligence, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
What Does “Quality of Medical Care” Mean in Medical Malpractice Cases?
In a medical malpractice case, the “quality of medical care” refers to whether a healthcare provider met the established standard of care in the treatment of a patient. The standard of care is generally defined as the level and type of care a reasonably competent healthcare provider with similar training and experience would provide under the same or similar circumstances. Essentially, the healthcare provider is expected to meet a certain threshold of care, which is determined by professional medical guidelines, accepted practices, and expert testimony.
Quality of care also considers whether the healthcare provider acted in accordance with these standards, ensuring that their actions did not cause harm through negligence, mistakes, or omission. If a healthcare provider fails to meet this standard, and the patient suffers injury or harm as a direct result, this can form the basis of a malpractice claim.
How Is the Standard of Care Determined?
The standard of care in a medical malpractice case is typically established through expert testimony and established medical guidelines. In most cases, expert witnesses are called to testify about what a competent healthcare provider in the same specialty would have done under similar circumstances. These experts must have the relevant experience and qualifications in the area of medicine relevant to the case, whether it’s surgery, obstetrics, or another medical field.
In addition to expert testimony, the standard of care is often influenced by accepted medical practices, clinical guidelines, and regulations established by medical boards and associations. These guidelines reflect the consensus of medical professionals regarding how a certain condition should be treated or how a procedure should be conducted. In court, the plaintiff’s attorney will typically use expert testimony to show that the healthcare provider deviated from these recognized standards, which led to harm.
The defendant (healthcare provider) may also bring in their own experts to argue that they adhered to the standard of care, which can lead to a battle of expert opinions. Ultimately, the jury or judge must decide whether the defendant’s actions were consistent with the accepted standards of medical care.
What Types of Evidence Are Needed to Prove Substandard of Care in a Malpractice Case?
To prove a medical malpractice claim, a plaintiff must provide substantial evidence showing that the healthcare provider’s actions were negligent and that their negligence directly caused harm to the patient. The primary evidence typically includes:
- Medical records: Comprehensive documentation of the patient’s condition, treatments, diagnoses, and any other interactions with healthcare providers. Medical records can help establish what care was provided and when, and they are often central to demonstrating deviations from the standard of care.
- Expert testimony: Expert witnesses, such as doctors, nurses, or specialists in the relevant field, play a crucial role in establishing whether the care provided met the required standard. These experts review the medical records and provide opinions about whether the treatment or care was consistent with acceptable medical practices.
- Patient testimony: In some cases, the injured patient may testify about their experience and how they believe the medical care deviated from expectations. This might include details of symptoms, changes in condition, and how they felt during their treatment.
- Witness testimony: In some instances, other healthcare professionals, such as nurses, technicians, or assistants who were present during treatment, may provide testimony about the care provided and whether it met medical standards.
- Medical guidelines or protocols: In certain cases, healthcare institutions or professional medical organizations have specific protocols or guidelines that help establish the standard of care. These documents can be used as evidence to show whether the healthcare provider acted in line with generally accepted practices.
What Must Be Proven to Establish the Failure in Quality of Care Caused Harm to the Patient?
In a medical malpractice case, it is not enough to show that a healthcare provider’s care was substandard; it must also be proven that the failure in care directly caused harm to the patient. This is known as “causation.” To establish causation, the plaintiff must prove two main points:
- The injury was a direct result of substandard care: The plaintiff must demonstrate that the injury, illness, or worsening condition occurred because the healthcare provider failed to meet the standard of care. If the injury would have happened regardless of the provider’s actions (e.g., due to a pre-existing condition), then the malpractice claim cannot succeed.
- The harm is significant: The plaintiff must show that the injury caused by the substandard care resulted in measurable damage. This could include physical injury, emotional distress, additional medical expenses, or loss of income. For instance, if a misdiagnosis leads to delayed treatment and the patient suffers long-term complications, the plaintiff must prove that the delay was the direct cause of those complications.
Proving causation often requires expert testimony and a detailed examination of how the healthcare provider’s actions (or lack thereof) led to the specific harm suffered by the patient. If the harm cannot be linked directly to the substandard care, the case may not succeed.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.